Pennsylvania Statutes Title 3 P.S. Agriculture § 22. Sale, etc., of farm products not conforming to standards; rules and regulations; investigations; samples

Whenever any standard for the grade or other classification of any farm product becomes effective under this act, it shall be unlawful for any person thereafter to pack for sale, offer for sale, consign for sale, or sell, any such farm product, grown, manufactured, or prepared, within this Commonwealth, under such standard grade or classification so established, or in imitation thereof, unless it conforms to such standards, subject to such variations therefrom as may be allowed in the rules and regulations made under this act, except that any such farm product may be packed, offered or consigned for sale, or sold, without conforming to the standard for the grade or other classification applicable thereto, if the product or the package containing it is not described, marked, or labeled in such a way as to indicate or to appear upon ordinary observation that the product conforms to the standard.

The department is authorized to make such rules and regulations, under this act, as may be deemed necessary to prevent deception with reference to any standards made effective under the act, except as it applies to standard receptacles for farm products.

Whenever any standard for a receptacle for a farm product becomes effective under this act, it shall be unlawful for any person thereafter to manufacture for sale or shipment, pack for sale, offer for sale, consign for sale, or sell, or ship, any receptacle, either filled or unfilled, to which the standard is applicable, unless the receptacle conform to the standard, subject to such variations therefrom as may be allowed in the regulations made under this act. The Department of Agriculture, and the Department of Internal Affairs, by their joint action, are authorized to make such rules and regulations, under this act, as may be deemed necessary to enforce the provisions of this section relating to standard receptacles for farm products.

Whenever any requirement for the marking, branding, or labeling of a receptacle for a farm product becomes effective under this act, it shall be unlawful for any person thereafter to pack for sale, offer for sale, consign for sale, or sell, or deliver, any such farm product in a receptacle to which such requirement is applicable, unless the receptacle be marked, branded or labeled according to such requirement.

The department is authorized, at any time, through its agents, to cause such investigations, classifications, and tests to be made, and such certificates to be issued, and, upon payment or tender of payment of the market value thereof, to cause such samples to be taken, as may be deemed necessary to enforce the provisions of this section.